Chilean Constitutional Law and Fundamental Rights

Fundamental Rules of Society

The Rules: Each person is unique and unrepeatable, but also a social being. Therefore, they cannot be isolated from society.

Social Standards and Norms

Standards: These are mandatory rules that command, allow, or prohibit behavior to maintain normal or acceptable conduct. They indicate the desirable behavior of a human being capable of reasoning. Standards are a group of guidelines for correct behavior. When they are not fulfilled or are broken, they should be punished with a social penalty. Life without social norms is not possible.

There are several types of rules: moral, legal, religious, and social.

Legal Norms and Judicial Sanctions

Legal Norms: Rules of law acquire a binding character governed by the legislature. If they are not met, they carry a judicial sanction. Legal rules are created through various media as a whole, known as the Formal Sources of Law.

The Constitution as Fundamental Law

Constitution: Defined as the fundamental law of the organization and functioning of the state and public freedoms. As such, it is the main foundation upon which other rules or laws rest, being the most important. It is written by the Constituent Power, composed of one or more persons elected democratically. The text they generate as a constitution must be approved or rejected by the people through a plebiscite.

Nationality and Legal Bonds

Nationality: This is the legal bond between a person and the state, which creates reciprocal rights and duties. Nationality is obtained through two natural and biological mechanisms: being born in Chilean territory or being the child of Chileans. Nationality is a right, but if one attacks their nation, it can be lost.

Citizenship and Political Rights

Citizenship: A condition or status enjoyed by some individuals under which they can exercise political rights, namely the right to vote in popular elections and qualify for public office. A citizen is considered to be any Chilean at least 18 years of age who has not been sentenced to afflictive punishment (over three years and one day).

Some of these rights can be suspended—for example, suffrage—in certain cases provided by the constitution, such as if a citizen is declared insane, is under afflictive penalty, or is sanctioned by the Constitutional Court for a crime described as terrorist. Citizenship can also be lost entirely when nationality is lost. To regain lost status as nationals or citizens, one must attend the Senate to seek rehabilitation.

Human Rights, Dignity, and Freedom

Human Rights: These rights are based mainly on two issues: Dignity and Freedom. They represent a conception of life which aims to promote optimal conditions for the development of every human being. The beneficiaries of these rights are the people, but the state must uphold them. A human rights violation occurs when someone holding public office or working in a state field breaks these rules.

Mechanisms of Protection and Guarantee

At the national level, the constitution provides for two procedures to govern these rights:

• Amparo (Habeas Corpus): Protects any person who is illegally imprisoned, threatened, or affected.
• Appeal of Protection: Used in cases where an arbitrary act causes a person to suffer deprivation, disturbance, or threat.